Ham v. Commissioner of Correction
23 A.3d 682
| Conn. | 2011Background
- Ham, convicted by jury of six offenses after rejecting a favorable plea offer in 1993–1997 sentencing context.
- Counsel advised parole eligibility would require serving 85% if murder convictions, based on P.A. 95‑255, §1, interpreted for retroactivity.
- State offered new plea later; Ham rejected; jury found him guilty on all counts and sentenced to 50 years.
- Johnson v. Commissioner of Correction (2002) held §1 applied prospectively to offenses committed before July 1, 1996, affecting parole calculation.
- Ham filed a habeas petition (2005) alleging ineffective assistance of counsel; the habeas court denied relief; Appellate review affirmed denial.
- Court affirmed position that counsel’s performance was not deficient and that any error did not prejudice the outcome under Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s parole advice was objectively deficient. | Ham argues counsel misadvised about 85% parole, violating Strickland. | Commissioner contends advice conformed to prevailing board interpretation at the time. | Not deficient; advice aligned with board interpretation then. |
| Whether the alleged deficiency was prejudicial under Strickland. | Ham would have accepted the lower-term plea if properly advised. | Conviction following trial undermines prejudice showing. | No prejudice established; trial result not affected. |
| Whether Johnson’s later retroactivity ruling undermines the reasonableness of counsel’s advice. | Johnson shows retroactivity issue; advice may have been unreasonable. | Advice reasonable under the law as understood at the time. | Counsel’s performance not deficient; Johnson did not retroactively apply at time of advice. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance framework; performance and prejudice prongs)
- Johnson v. Commissioner of Correction, 258 Conn. 804 (Conn. 2002) (P.A. 95‑255 §1 prospective; parole eligibility 50% vs 85% issue)
- Copas v. Commissioner of Correction, 234 Conn. 139 (Conn. 1995) (standard for evaluating ineffective assistance on mixed questions of law and fact)
- Fernandez v. Commissioner of Correction, 291 Conn. 830 (Conn. 2009) (Strickland standard applied to habeas claims in Connecticut)
- Washington v. Commissioner of Correction, 287 Conn. 792 (Conn. 2008) (deferential review of counsel’s performance; prejudice analysis)